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Social and Behavioral Sciences Commons

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Law

2020

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Full-Text Articles in Social and Behavioral Sciences

Admissibility Of Computer-Generated Evidence In Nigerian Court Of Law: Implications For Law Libraries, Wisdom Okereke Anyim Sep 2020

Admissibility Of Computer-Generated Evidence In Nigerian Court Of Law: Implications For Law Libraries, Wisdom Okereke Anyim

Library Philosophy and Practice (e-journal)

The paper reviewed the inclusion of computer generated evidence in Nigerian court of law with respect to its implication for law libraries. Attention was given more to the e-library system which generates and disseminates legal information via electronic format. It was revealed that the new Evidence Act 2011 having incorporated Admissibility of Statements in Documents Produced by Computers which was not specifically provided for in the earlier Evidence Act 2004, presents opportunities to the law library leading to expansion of its scope and integration of e-system, platform for online Alternative Dispute Resolution, face to face and virtual services, Ask-a-Librarian and ...


Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber Sep 2020

Designing Analog Learning Games: Genre Affordances, Limitations And Multi-Game Approaches, Owen Gottlieb, Ian Schreiber

Articles

This chapter explores what the authors discovered about analog games and game design during the many iterative processes that have led to the Lost & Found series, and how they found certain constraints and affordances (that which an artifact assists, promotes or allows) provided by the boardgame genre. Some findings were counter-intuitive. What choices would allow for the modeling of complex systems, such as legal and economic systems? What choices would allow for gameplay within the time of a class-period? What mechanics could promote discussions of tradeoff decisions? If players are expending too much cognition on arithmetic strategizing, could that strategizing ...


Preparing Law Students For The Future Of Work, Technology, And Globalization, Tashfeen Ahmad Aug 2020

Preparing Law Students For The Future Of Work, Technology, And Globalization, Tashfeen Ahmad

Journal of Global Awareness

This paper aims to assist lecturers, universities, and their administrators in improving their law degrees. This is in the context of the future of work. This paper will reflect on how to tailor a law degree to improve the employability of students with this degree. This piece emerged as a viewpoint to identify best practices to prepare a law student for better employability. Significant benefits and opportunities can be unlocked if educators apply and incorporate the findings from this piece. Educators should rethink how they deliver law degrees, keeping in mind the emerging trends in their respective job markets. This ...


Crafting Credibility: The Confirmation Hearings Of Justices Thomas And Kavanaugh, Joseph Sery Jun 2020

Crafting Credibility: The Confirmation Hearings Of Justices Thomas And Kavanaugh, Joseph Sery

The Year in C-SPAN Archives Research

This essay investigates the ways in which credibility is created, maintained, and undermined throughout two similarly controversial Supreme Court confirmation hearings: Justices Clarence Thomas and Brett Kavanaugh. The two case studies provide insight into the ways in which the Senate Judiciary Committee’s process and procedure have changed in some ways and remained the same in others. Drawing from scholarship on the rhetorical situation and image construction/repair, I argue that while the socio-political context has shifted since the Thomas hearing, most notably with the advent of the #MeToo movement, systemic issues remain concerning the obtuse standards required for the ...


Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe Jun 2020

Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe

Sociology: Student Scholarship & Creative Works

Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they ...


Domestic Violence In Immigrant Communities: Case Studies, Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George Jun 2020

Domestic Violence In Immigrant Communities: Case Studies, Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books & Chapters

“Domestic Violence in Immigrant Communities: Case Studies” is a freely accessible eCampus Ontario Pressbook containing case studies of immigrant women experiencing domestic violence to be used as educational materials. The contents were created by analysing closed legal case files of 15 immigrant women living in Ontario who experienced domestic violence. The comprehensive case studies that emerged from this research present domestic violence experienced by immigrant women in all its complexity, highlighting their unique vulnerability at the intersections of race, gender and immigration status. The book also highlights the different legal processes that these women encounter in seeking justice and the ...


Pre-Report Review Of Body-Worn Camera Footage: An Examination Of Stakeholder Beliefs, Laypeople’S Judgments Of Officer Credibility, And The Consequences For Memory, Kristyn A. Jones Jun 2020

Pre-Report Review Of Body-Worn Camera Footage: An Examination Of Stakeholder Beliefs, Laypeople’S Judgments Of Officer Credibility, And The Consequences For Memory, Kristyn A. Jones

Dissertations, Theses, and Capstone Projects

Aim: This dissertation examines people’s beliefs about police officer access to body-worn camera footage, people’s judgments of officer credibility as it relates to video footage, and the consequences that review of footage has on reporting accuracy.

Rationale: With escalating police-civilian tensions in 2014, American police departments adopted body-worn camera programs. A majority of departments have policies allowing officers unrestricted access to camera footage. Because officers fear that inconsistencies between reports and videos could result in suspicion of officer deceit, they argue that officers should have access to footage before writing their reports to ensure reports match the footage ...


"Biopolitical Bollywood: Sexual Violence As Cathartic Spectacle In Section 375 And Article 15”, Dr. Swatie Apr 2020

"Biopolitical Bollywood: Sexual Violence As Cathartic Spectacle In Section 375 And Article 15”, Dr. Swatie

Iowa Journal of Cultural Studies

This paper will discuss the representation of sexual violence in two recent mainstream Bollywood films, Section 375 and Article 15, using Laura Mulvey’s argument about the production of visual pleasure. Laura Mulvey states how the male gaze of the camera makes invisible, and produces as reality, the objectification of the woman and the identification of the audience with the male performer. This paper uses these findings to state how the male gaze is used to identify with the male protagonist in both films in order to create an identificatory politics. The films deploy a pathos of familiality: both the ...


Sex Work Decriminalization And Feminist Theory, Gabriella Mesce Apr 2020

Sex Work Decriminalization And Feminist Theory, Gabriella Mesce

Senior Theses

This thesis explores the history and nuances of sex work and feminist philosophy, especially within the context of commercial sex and feminist legal theory. Through an analysis of four different feminist philosophies that stemmed from the “sex wars” of the 1980s such as abolitionism, neo-abolitionism, decriminalization and legalization and their perspectives on sex work, the belief systems of these perspectives and their relation to feminist jurisprudence, as well as a comparative study of decriminalized sex work in Amsterdam, the capital of the Netherlands and Juárez, Mexico, this research shows the ramifications of decriminalization of sex work on progressive feminism.


Spring 2020 Newsletter: The Docket, Emma M. Wood Apr 2020

Spring 2020 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Spring 2020 issue of the UMass Law Library Newsletter, The Docket.


2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa Feb 2020

2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa

The International Journal of Ethical Leadership

transcript


Criminal Justice Bias : Fact Or Fiction, Hiba Mobarak Feb 2020

Criminal Justice Bias : Fact Or Fiction, Hiba Mobarak

Quest

Objective Analysis

Research in progress for CRIJ 1301: Introduction to Criminal Justice

Faculty Mentor: Stefanie LeMaire

The following paper represents work produced by a student in an Introduction to Criminal Justice course at Collin College. The paper is an objective analysis of prominent research regarding potential police biases and how officers’ decisions may be influenced by a suspect’s race. The topic of racial bias within policing is quite controversial, as evidenced by the community protests, media coverage, and destruction that has ensued after officer-involved shootings. This assignment asks students to objectively review scholarly research on police bias and constructively ...


The Perfect Opinion, Andrew Jensen Kerr Jan 2020

The Perfect Opinion, Andrew Jensen Kerr

Washington University Jurisprudence Review

In my Article, "The Perfect Opinion," I collate favorite judicial opinions to inductively derive an archetype of perfection. The question of which opinions we like the most is decidedly subjective, but it also reveals implied preferences for creative judging that might not register on citation counts or be prioritized when editing casebooks. Importantly, our choice of a favorite reflects something about us. So why do judges often select non-authoritative opinions (alternative concurrences or dissents) or no- citation opinions (that don’t cite to prior case law) when asked of their favorite opinion? We might predict that most judges would select ...


Paternalism As A Justification For Federally Regulating Advertising E-Cigarettes To Children, Alyssa N. Sheets Jan 2020

Paternalism As A Justification For Federally Regulating Advertising E-Cigarettes To Children, Alyssa N. Sheets

Washington University Jurisprudence Review

How the federal government should regulate e-cigarette advertising targeted towards children generates unique jurisprudential questions regarding the potential for infringement on children’s liberty and autonomy. While it would seem unethical to restrict e-cigarette advertisements to adults, children are in a different category because they lack the maturity and decision-making skills to discern advertising falsehoods from reality. This is especially problematic with e-cigarette advertisements because long-term public health outcomes for children are at stake. This Note assesses the historical and modern regulatory measures used by Congress, the FDA, and the judiciary to regulate how the tobacco industry may advertise to ...


Corporate Rights And Moral Theory: The Need For A Coherent Theoretical Justification Of Corporate Rights, Ryne T. Duffy Jan 2020

Corporate Rights And Moral Theory: The Need For A Coherent Theoretical Justification Of Corporate Rights, Ryne T. Duffy

Washington University Jurisprudence Review

Corporations are the primary engine of economic activity in the United States and they are provided with legal rights primarily to facilitate their productive activity. As economic actors, corporations must inevitably interact with other corporations and natural persons within the legal system. Corporations must be allowed to invoke legal rights in order to operate within the American legal system. Traditionally, the American legal system has classified corporations as legal “persons” to allow them to seamlessly integrate into the existing legal system. This Note tackles the question of corporate personhood utilizing an approach inspired by social contract theory and seeks to ...


Destigmatizing Disability In The Law Of Immigration Admissions, Medha D. Makhlouf Jan 2020

Destigmatizing Disability In The Law Of Immigration Admissions, Medha D. Makhlouf

Faculty Books

Chapter Abstract

In U.S. immigration law, disability has historically been associated with deviance, and has served as the basis for legal barriers to entry and eventual citizenship. For example, immigrants with actual and perceived physical and intellectual disabilities, mental illness, and other health conditions have been deemed “inadmissible” to the United States based on the belief that they are likely to become dependent on the government for support. Although the law has evolved to accommodate immigrants with disabilities in some ways, significant legal barriers still exist on account of the widespread, persistent characterization of disability as a “bad difference ...


Another Quest For The Holy Grail Of Law: Ius Generis - Law As A Countermovement To Human Cognition, Norbert Altvater Jan 2020

Another Quest For The Holy Grail Of Law: Ius Generis - Law As A Countermovement To Human Cognition, Norbert Altvater

Washington University Jurisprudence Review

In hopes of providing some possible further insight into the nature of law in all contexts, this Article contributes another layer to the discussion respecting an evolutionary ontology of law. It advances a preliminary sketch of the possible genesis of norms as a countermovement to human cognition, with law, as a type of norms thereby integrally interwoven into humanity itself. With this understanding of its origins, law, whether considered from the positive law, natural law or systems theory perspective, may be understood more clearly and its applications perhaps anticipated. This Article analyzes whether this proposed countermovement theory might provide common ...


My Genetic Child May Not Be My Legal Child? A Functionalist Perspective On The Need For Surrogacy Equality In The United States, Rachel I. Gewurz Jan 2020

My Genetic Child May Not Be My Legal Child? A Functionalist Perspective On The Need For Surrogacy Equality In The United States, Rachel I. Gewurz

Washington University Jurisprudence Review

While assisted reproductive technology, and surrogacy in particular, may appear to be a straightforward solution to infertility, the legal field is extremely complex. The patchwork of laws across the United States leaves intended parents at risk for a court to deny legal rights to their biological child. This Note will examine the complexities of surrogacy agreements and the need for a federal, uniform surrogacy law under the sociological functionalist theory of society.


Fall 2020 Newsletter: The Docket, Emma M. Wood Jan 2020

Fall 2020 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Fall 2020 issue of the UMass Law Library Newsletter, The Docket.


Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger Jan 2020

Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger

Touro Law Review

No abstract provided.


The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander Jan 2020

The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander

Touro Law Review

No abstract provided.


Keeping Faith With Nomos, Steven L. Winter Jan 2020

Keeping Faith With Nomos, Steven L. Winter

Touro Law Review

No abstract provided.


At The Mercy Of The Mexican Supreme Court: The Implications Of Party Capability On Indigenous People's Cases, Alan Cardenas Jan 2020

At The Mercy Of The Mexican Supreme Court: The Implications Of Party Capability On Indigenous People's Cases, Alan Cardenas

Open Access Theses & Dissertations

Indigenous Peoples in Mexico have long struggled in securing their rights in colonizing states. Applying party capability theory, this paper seeks to empirically understand the Mexican Supreme Court's behavior in cases pertaining to Indigenous Peoples. This paper thus evaluates the degree to which the Mexican Supreme Court is indeed an impartial actor that produces "equal protection under the law" for everyone (Galanter, 1974). Specifically, this paper examines the questions: To what extent does the Mexican Supreme Court protect Indigenous Peoples' rights? Are Indigenous Peoples legally affected by the power disparity perpetuated by the inequality in the country? This paper ...


Judging Risk, Brandon L. Garrett, John Monahan Jan 2020

Judging Risk, Brandon L. Garrett, John Monahan

Faculty Scholarship

Risk assessment plays an increasingly pervasive role in criminal justice in the United States at all stages of the process, from policing, to pre-trial, sentencing, corrections, and during parole. As efforts to reduce incarceration have led to adoption of risk-assessment tools, critics have begun to ask whether various instruments in use are valid and whether they might reinforce rather than reduce bias in criminal justice outcomes. Such work has neglected how decisionmakers use risk-assessment in practice. In this Article, we examine in detail the judging of risk assessment and we study why decisionmakers so often fail to consistently use such ...


Debating Sex Work, Lori Watson, Jessica Flanigan Jan 2020

Debating Sex Work, Lori Watson, Jessica Flanigan

Bookshelf

In this 'for and against' work, ethicists Lori Watson and Jessica Flanigan debate the criminalization of sex work. Watson argues for a sex equality approach to prostitution in which buyers are criminalized and sellers are decriminalized, known as the Nordic Model. Flanigan argues that sex work should be fully decriminalized because decriminalization ensures respect for sex workers' and clients' rights, and is more effective than alternative policies.

Putting these two views on sex work into conversation with one another, and opening up space for readers to weigh both approaches, the book provides a thorough, accessible exploration of the issues surrounding ...


Structural Discrimination In Covid-19 Workplace Protections, Ruqaiijah Yearby, Seema Mohapatra Jan 2020

Structural Discrimination In Covid-19 Workplace Protections, Ruqaiijah Yearby, Seema Mohapatra

All Faculty Scholarship

Workers, who are being asked to risk their health by working outside their homes during the COVID-19 pandemic, need adequate hazard compensation, safe workplace conditions, and personal protective equipment (PPE). Sadly, this is not happening for many essential workers, such as those working in home health care and in the meat processing industry. These workers are not only being unnecessarily exposed to the virus, but they are also not receiving paid sick leave, unemployment benefits, and affordable health care and childcare. The lack of these protections is due to structural discrimination and has disproportionately disadvantaged women of color and low-wage ...


Governing The Internet: The Extraterritorial Effects Of The General Data Protection Regulation, Sasa Jovanovic Jan 2020

Governing The Internet: The Extraterritorial Effects Of The General Data Protection Regulation, Sasa Jovanovic

Honors Projects

The advent of the commercial Internet has introduced novel challenges to global governance because of the transnational nature of shared data flows, creating interdependence that may result in inter-state cooperation or competition. Data protection laws that are designed to ensure citizens’ right to privacy are one of the primary tool used by states to extend control over data flows. The European Union’s (EU) General Data Protection Regulation (2016) is widely regarded as the strongest data protection law in the world, and therefore may serve as a barrier to the openness of the Internet. The GDPR is both an instance ...


The Paradox Of Contracting In Markets, Robert E. Scott Jan 2020

The Paradox Of Contracting In Markets, Robert E. Scott

Faculty Scholarship

Contract design that motivates parties to invest and trade more efficiently occurs primarily in thin markets characterized by bespoke, bilateral agreements between commercial parties. In that environment, the cost of producing each contract is relatively high. Those costs are justified by offsetting design improvements in contractual incentives. In contrast, more efficient production of contract terms occurs in thick, multilateral markets where parties can realize the scale advantages of standardization. In this environment, the cost of producing individual contracts is relatively low but at the offsetting cost of undermining contractual incentives. These very different trade-offs are dictated by changes in the ...


Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus Jan 2020

Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus

Faculty Scholarship

Justice Sotomayor just took sides in the debate over Puerto Rican decolonization. It happened when no one was looking, on June 1, 2020, in Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, a case involving an Appointments Clause challenge to the mechanism for selecting the members of the Financial Oversight and Management Board for Puerto Rico (“FOMB”). Although the Court unanimously upheld the appointments, Justice Sotomayor wrote separately to address an issue not raised by the parties, but directly relevant to a bitter, longstanding, and high-stakes political debate: the debate over Puerto Rican decolonization. According to ...


Covid-19 And Lgbt Rights, Suzanne B. Goldberg Jan 2020

Covid-19 And Lgbt Rights, Suzanne B. Goldberg

Faculty Scholarship

Even in the best of times, LGBT individuals have legal vulnerabilities in employment, housing, healthcare and other domains resulting from a combination of persistent bias and uneven protection against discrimination. In this time of COVID-19, these vulnerabilities combine to amplify both the legal and health risks that LGBT people face.

This essay focuses on several risks that are particularly linked to being lesbian, gay, bisexual, or transgender, with the recognition that these vulnerabilities are often intensified by discrimination based on race, ethnicity, age, disability, immigration status and other aspects of identity. Topics include: 1) federal withdrawal of antidiscrimination protections; 2 ...